III 

Calendar No. 115 

112TH CONGRESS 

1ST SESSION S. CON. RES. 17 

Expressing the sense of Congress that Taiwan should be accorded observer 

status in the International Civil Aviation Organization (ICAO). 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2011 

Mr. MENENDEZ (for himself, Mr. INHOFE, Mr. WYDEN, Mr. BROWN of Ohio, 

Mr. CARDIN, Mr. COATS, Mr. BARRASSO, Mr. CRAPO, Mr. KYL, Mr. 

WEBB, Mr. JOHNSON of South Dakota, Mr. MANCHIN, and Mr. COCHRAN) submitted the following concurrent resolution; which was referred 

to the Committee on Foreign Relations 

JULY 27, 2011 

Reported by Mr. KERRY, without amendment 

CONCURRENT RESOLUTION 

Expressing the sense of Congress that Taiwan should be 

accorded observer status in the International Civil Aviation Organization (ICAO). 

Whereas the Convention on International Civil Aviation, 

signed in Chicago, Illinois, on December 7, 1944, and entered into force April 4, 1947, approved the establishment of the International Civil Aviation Organization 

(ICAO), stating ‘‘The aims and objectives of the Organization are to develop the principles and techniques of 

international air navigation and to foster the planning 


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and development of international air transport so as to 

. . . meet the needs of the peoples of the world for safe, 

regular, efficient and economical air transport’’; 

Whereas, following the terrorist attacks of September 11, 

2001, the ICAO convened a high-level Ministerial Conference on Aviation Security that endorsed a global strategy for strengthening aviation security worldwide and 

issued a public declaration that ‘‘a uniform approach in 

a global system is essential to ensure aviation security 

throughout the world and that deficiencies in any part of 

the system constitute a threat to the entire global system,’’ and that there should be a commitment to ‘‘foster 

international cooperation in the field of aviation security 

and harmonize the implementation of security measures’’; 

Whereas, the 37th ICAO Assembly in October 2010 adopted 

a Declaration on Aviation Security largely in response to 

the attempted sabotage of Northwest Airlines Flight 253 

on December 25, 2009, which established new criminal 

penalties for the use of civil aircraft as a weapon, the use 

of dangerous materials to attack aircraft or other targets 

on the ground, and the unlawful transport of biological, 

chemical, and nuclear weapons and related materials, 

along with extradition arrangements that facilitate cooperation among nations in apprehending and prosecuting those who have undertaken these and other criminal acts; 

Whereas, on October 8, 2010, the Department of State 

praised the 37th ICAO Assembly on its adoption of the 

Declaration on Aviation Security, but noted that ‘‘because every airport offers a potential entry point into this 

global system, every nation faces the threat from gaps in 


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aviation security throughout the world—and all nations 

must share the responsibility for securing that system’’; 

Whereas the Taipei Flight Information Region, under the jurisdiction of Taiwan, ROC, covers an airspace of 176,000 

square nautical miles and provides air traffic control 

services to over 1,350,000 flights annually, with the Taiwan Taoyuan International Airport recognized as the 8th 

and 18th largest airport by international cargo volume 

and number of international passengers, respectively; 

Whereas exclusion from the ICAO since 1971 has impeded 

the efforts of the Government of Taiwan to maintain civil 

aviation practices that comport with evolving international standards, due to its inability to contact the 

ICAO for up-to-date information on aviation standards 

and norms, secure amendments to the organization’s regulations in a timely manner, obtain sufficient and timely 

information needed to prepare for the implementation of 

new systems and procedures set forth by the ICAO, receive technical assistance in implementing new regulations, and participate in technical and academic seminars 

hosted by the ICAO; 

Whereas the United States, in the 1994 Taiwan Policy Review, clearly declared its support for the participation of 

Taiwan in appropriate international organizations, in 

particular, on September 27, 1994, with the announcement by the Assistant Secretary of State for East Asian 

and Pacific Affairs that, pursuant to the Review and recognizing Taiwan’s important role in transnational issues, 

the United States ‘‘will support its membership in organizations where statehood is not a prerequisite, and [the 

United States] will support opportunities for Taiwan’s 


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voice to be heard in organizations where its membership 

is not possible’’; and 

Whereas ICAO rules and existing practices have allowed for 

the meaningful participation of noncontracting countries 

as well as other bodies in its meetings and activities 

through granting of observer status: Now, therefore, be 

it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That it is the sense of Congress that— 

3 (1) meaningful participation by the Government 

4 of Taiwan as an observer in the meetings and activi5 ties of the International Civil Aviation Organization 

6 (ICAO) will contribute both to the fulfillment of the 

7 ICAO’s overarching mission and to the success of a 

8 global strategy to address aviation security threats 

9 based on effective international cooperation; 

10 (2) the United States Government should take 

11 a leading role in garnering international support for 

12 the granting of observer status to Taiwan in the 

13 ICAO for the purpose of such participation; and 

14 (3) the Department of State should provide 

15 briefings to or consult with Congress on any efforts 

16 conducted by the United States Government in sup17 port of Taiwan’s attainment of observer status in 

18 the ICAO. 


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rfrederick on DSKD9S0YB1PROD with BILLS
Calendar No. 115 

112TH CONGRESS 

1ST SESSION S. CON. RES. 17 

CONCURRENT RESOLUTION 

Expressing the sense of Congress that Taiwan 

national Civil Aviation Organization (ICAO). should be accorded observer status in the InterJULY 27, 2011 

Reported without amendment 


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